Chapter 2 Base station establishment
Article 4
A winning bidder or a service provider shall not install any base station without an installation permit and shall not utilize it without a radio station license before examinations to be qualified. However, the winning bidder or the service provider can install a base station before acquiring the installation permit exclusively for the purpose of coordinating with the establishment of Important Public Construction after submitting the consent documents issued by the authorities of the Important Public Construction or Buildings to the NCC and obtain the special case approval from the NCC.
The winning bidder or the service provider may divert their own approved experimental mobile businesses network base stations, or approved experimental base stations transferred from other experimental mobile network administrators as a part of their own network system. The diverted facilities on the same site may not be demolished.
Once the winning bidder or the service provider has been approved to divert its own base stations, or those transferred from other mobile business service providers as part of its own network, a copy of the approval letter issued by the NCC, as well as the affidavit for the installation of the base station referred to in Subparagraph 2, Paragraph 1 of Article 5, shall be submitted. The diversion shall accord with the following procedures:
1. For the diversion of a base station with an installation permit prior to obtaining a radio station license, the installation permit should be submitted to be changed, and the valid period of the installation permit shall be renewed.
2. For the diversion of a base station with radio station license, the radio station license shall be submitted to be changed; the station shall be exempt from examination, and the valid period of radio station license will be renewed.
Article 5
The winning bidder or the service provider shall submit the following documents to the NCC to apply for the base station installation permits:
1.The application forms of the radio station installation and relevant information of specification.
2.Affidavit for the radio station installation of the mobile business.
Where the RF output power of base stations prescribed in the previous paragraph is between 3300MHz and 3570MHz, an assessment conducted by the competent authority’s “Radio Station Management Information System” shall be undertaken and according to the assessment results, the following documents shall be respectively submitted to the competent authority for review.
1.For base stations established outside the interference protection zone of the adjacent band satellite ground receiver, documents proving that the arranged location is outside the interference protection zone shall be provided.
2.Where the arranged base station location is within the interference protection zone of the adjacent band satellite ground receiver station, documents proving that the arranged location is within the interference zone and a written agreement on the said arrangement from the owner of the said satellite ground receiver station must be provided.
The written agreement as prescribed in Subparagraph 2 of the previous paragraph may be substituted by a non-interference demonstration document issued by the winning bidder or operator.
According to the proviso of Paragraph 1, Article 4, through the approval by the NCC, the winning bidder or the service provider shall submit the documents in the Paragraph 1 of this Article as well as the copy of the certificates approved by the NCC.
The winning bidder or the service provider applying for a new OBS installation permit shall submit the list and the plan and elevation view of the base station installation to notice the local government of the site.
For newly installed base stations with relevant auxiliary telecommunication facilities, bid winners or operators shall submit floor plans, elevation maps, and the original documents of structure and fireproof safety signed and verified by relevant professional technicians to the competent authorities for reference and also notify the local city or county governments of the installation sites.
If the winning bidder or the service provider fails to follow in the requirements of the affidavit, the installation permit may be revoked by NCC. If there is any change or alternation to the affidavit, the winning bidder or the service provider shall submit an updated one to the NCC for its reference.
If the winning bidder or the service provider applies for the base station installation, the NCC shall issue the installation permit after a qualified examination. However, the NCC may conduct a survey of the sites when deemed necessary, which cannot be refused by the winning bidders and service providers.
When the base stations installation involves structural safety and rights of using the buildings or location of the base stations, the winning bidder or the service provider shall comply with the relevant regulations of construction management and acquire related approval from the competent authorities.
Article 5-1
The winning bidder or operator shall be eligible to establish a base station utilizing a telecommunications post, traffic and signal lighting posts, street light posts, signposts, telephone booths, shelters, viaducts, bridges, piers, land bridges, underground passages, tunnels, parks, land and other public facilities and buildings.
Where the base station described in the previous paragraph is established on public land, at a public facility or in a public building, the said establishment must be approved by the management authority and the winning bidder or operator shall cooperate therewith to provide necessary aesthetic appeal.
Article 6
The valid period of the base station installation permit shall be one year. If the winning bidders or service operators cannot complete the installation in the time limit, an explanation shall be submitted to the NCC for the application for extension within one month during the last two months before the deadline. The extension cannot exceed six months and can be applied for once only.
During the installation of the base station, the base station shall not emit radio waves unless the winning bidder or the service provider applies to the NCC for a short-term test or that the NCC undergoes the on-site technical inspection. The duration of the short-term test cannot exceed five days.
Article 7
After the OBS or IBS installation is completed, the winning bidders or service providers shall submit the following documents to the NCC to apply for the OBS or IBS inspection, and the NCC shall issue the radio station licenses after a qualified inspection:
1.The application forms for radio station licenses.
2.Self-assessment report of the base station inspection.
3.For a micro cell base station, gathered by the same brand and type, an additional list of the quantity and location of the base stations shall be submitted with the aforementioned documents.
For each mobile business, the sampling standard for the inspection of base stations shall be separated by their maximum RF output power from the transmitter as follows:
1. For base stations with more than 7.94 Watts: the sampling rate shall adhere to the attached Table 1.
2. For micro cell base stations (1.26 ~ 7.94 Watts): the sampling rate shall adhere to attached Table 2.
When the municipal government, the city or county government, or another competent authority affirms the winning bidder or the service provider cannot install the base station in conformity with a law and inform the NCC by mail, the NCC can revoke the installation permits or rescind the radio station licenses.
Article 8
For base stations with maximum RF output power from its transmitter exceeding 7.94 Watts, the valid period of a radio station license is five years. The application for renewing a license shall be submitted within a month during the last two months before its expiration. The valid period of the renewed license shall start from the day when the old license expires.
When the renewal of the license mentioned in the preceding paragraph is dealt with, a technical inspection shall be conducted according to the NCC's discretion. The NCC shall issue the renewed license after the inspection has been passed.
Except in the case of an amendment to written data, the license of a micro cell base station shall not expire and shall not require renewal.
Once the substantial (not namely) type of equipment or the wave-radiating location of the micro cell base station aforementioned in the preceding paragraph has changed, the bidder or service provider shall apply to cancel the altered micro cell base station in the list within one month after the day on which the changes occurred.
Once the listed micro cell base stations aforementioned in the preceding paragraph have been cancelled, the base station license shall cease to be valid.
To re-install the altered micro cell base stations aforementioned in the fourth paragraph, an installation permit is required prior to applying for the inspection after completing installation. If examination has deemed it qualified, the base station shall be included in the list of a new base station license.
Article 10
A winning bidder or service provider, without changing the address of a base station and the technical standards it adheres to provide mobile communication service, shall file a report to the NCC prior to the change of the following recordings; if a radio station license has been issued, then the change shall be completed within one month and a renewal charter of the radio station shall be applied to the NCC.
1.Changing the address of antenna.
2.Changing the base station equipment model without changing the brand.
3.Changing the number of radio frequency unit.
A winning bidder or service provider, without changing the address of a base station, shall file a report to the NCC prior to the change of the equipment brands. The NCC shall issue the installation permit after qualified examination according to the provisions of Article 5, and issue the radio station license after qualified inspection according to the provisions of Article 7.
A winning bidder or service provider shall file the certificate to the NCC prior to the renewal of the radio license while the local governments rearrange house numbers to change the address of a base station or an antenna.
Article 12
Any lost or damage of installation permit or the radio station license shall be reported to the NCC with an explanation for replacement. In case the stated items have changed, they shall be reported to the NCC for renewal.
The installation permit or the radio station license renewed pursuant to the requirements stipulated in Paragraph 1, the valid period remains the same with the original one.
An installation permit or a radio station license may not be leased, lent transferred, or assigned to a third party unless stipulated by law.